Resolution CM/ ResDH (2011)286 [1]

Execution of the judgment of the European Court of Human Rights

Price against the United Kingdom

(Application No. 33394/96 judgment of 10 July 2001, final on 10 October 2001)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns degrading treatment suffered by the applicant, a four-limb-deficient thalidomide victim dependent on a wheelchair, during her custody and imprisonment, due to detention conditions which were inadequate in view of her special needs (violation of Article 3) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with the United Kingdom ’ s obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures, preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2011)286

Information about the measures to comply with the judgment in the case of

Price against the United Kingdom

Introductory case summary

The case concerns degrading treatment suffered by the applicant, a four-limb-deficient thalidomide victim dependent on a wheelchair, during her custody and imprisonment in January 1995, due to detention conditions which were inadequate in view of her special needs (violation of Article 3).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

--

4 500 GBP

4700 GBP

(VAT included, less 5300 FRF)

8929.19 GBP (including 221.86 GBP in respect of default interest)

b) Individual measures

The applicant was transferred from police custody to prison on 21 January 1995 and released on 23 January 1995, in line with the remission provisions in sections 45 and 33 of the Criminal Justice Act 1991. Consequently, no other individual measure was considered necessary by the Committee of Ministers

II. General measures

In response to the treatment received by the applicant when in custody, new guidance on the safer detention and handling of disabled persons in police custody was issued on 8 February 2006. In accordance with this guidance, the 1995 and 2005 Acts, and now the Equality Act 2010 (which replaced those two Acts with effect from 1 October 2010), the police are required to make reasonable adjustments at police stations to allow for the needs of disabled persons held in custody. The Commission for Equality and Human Rights has power to investigate contraventions of the Equality Act, and to provide assistance to individuals in legal proceedings to establish whether rights under the Act have been contravened.

The judgment of the European Court was published in the European Human Rights Reports at (2002)34 EHRR 53 and sent out to the relevant domestic authorities.

III. Conclusions of the respondent state

The government considers that no individual measure is required apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that the United Kingdom has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 2 December 2011 at the 1128th Meeting of the Ministers’ Deputies